HomeMy WebLinkAboutFinance September 23 20031
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
September 23, 2003
The meeting was called to order at 11:00 a.m. by Committee Chair Sam
Crawford in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
L. Ward Nelson Sharon Roy
Also Present:
Barbara Brenner
Laurie Caskey- Schreiber
Seth Fleetwood
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
"MULTI- JURISDICTIONAL NARCOTICS TASK FORCE PROGRAM
CONTRACT" BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE AND
THE WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT FOR THE CONTINUING NARCOTICS
EFFORTS AND PROSECUTION ASSISTANCE OF THE NORTHWEST
REGIONAL DRUG TASK FORCE, IN THE AMOUNT OF $118,056
(AB2003 -299)
Nelson moved to recommend approval to the full Council. One previous
concern was about language in the draft contract. The contract language changes
are not included.
Bill Elfo, Sheriff, stated there were conditions that he has not received the
changes yet from Department of Community, Trade, and Economic Development
(CTED). They need to get the contract approved or he will lose the grant.
Nelson asked if the Council has to assume that CTED will send the letter.
Elfo stated they do. He's had a meeting with the person from CTED, and the
concerns have been straightened out.
Crawford asked if someone from the Sheriff's Office could contacted CTED
and get a copy of the letter by tonight if the committee approves the contract
today. Elfo stated he would try.
Nelson stated he's reluctant to approve the contract with the language being
as explicitly inaccurate as it is. Elfo stated he has a letter he sent to CTED about
the changes.
Finance and Administrative Services Committee, 9/23/2003, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson asked for a copy of the letter to be submitted as part of the record.
Motion carried unanimously.
Nelson thanked the Sheriff's Office for submitted the Additional Services
Request (ASR) form in accordance with County policy.
2. ORDINANCE AMENDING ORDINANCE 2000 -022 AND WHATCOM
COUNTY CODE 2.130 (AB2003 -314)
Nelson moved to recommend approval to the full Council.
Caskey- Schreiber stated she's concerned the Council is committing itself to
an experimental process. She's leery of putting the Economic Development
Council's (EDC's) name on this board. It might indicate a commitment to the
process before they see how it actually works.
Crawford stated there is a commitment of 24 months. There is an
application out there. Until this is codified, the County can't do anything with that
application.
Crawford stated they would hold discussion until staff is present to provide
input.
Brenner stated there are ten members on the committee. The County
Executive is the chair of the committee, and also appoints at least four or five of the
other members. She asked if that is a conflict.
Dave Grant, Senior Civil Deputy Prosecutor, stated he doesn't know of any
impediment in law to doing the committee this way.
Crawford stated the Council will approve every application. The committee
won't spend the money, only make recommendations.
Grant stated he can understand the concern that the appointment process
could color the results of the recommendations.
(Discussion continued below.)
3. ORDINANCE AMENDING THE 2003 BUDGET, 10TH REQUEST (AB2003-
318)
Don Boyd, Program Specialist, stated these are grant funds they've received.
There are no general fund dollars being used.
Nelson moved to recommend approval to the full Council. He asked on
what they are spending the request for approximately $20,879. Boyd stated the
Finance and Administrative Services Committee, 9/23/2003, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
$120,000 is Whatcom County's share of the regional grant. The $20,879 is the
County's share of the five - county region. The full -time equivalent (FTE) employee
will manage homeland security issues within Whatcom County. The money is
divided up in the Sheriff's yearly budget, reflecting this smaller figure for 2003.
When they come to the Council for the 2004 budget, the rest would be included.
That way they can hire the person now as an additional program specialist in the
Office of Emergency Management to deal with homeland security issues.
Motion carried unanimously.
2. ORDINANCE AMENDING ORDINANCE 2000 -022 AND WHATCOM
COUNTY CODE 2.130 (AB2003 -314)
(Continued from above.)
Crawford restated Councilmember Nelson's motion of approval. He asked if
there is a limit to the contract, whether they can implement the effort of this
contract without doing the contract itself.
Dewey Desler, Deputy Administrator, stated the County administration
indicated last summer that it wanted to modify the existing County ordinance that
set up the Rural Sales Tax Committee, and tie that ordinance to the implementation
of the Economic Development Investment (EDI) program. This ordinance change is
proposed from the administration to call out the functions, membership, and
purpose of the EDI Board. The EDC is only one of the fourteen members on this
board.
Caskey- Schreiber stated she was under the impression that the County
would try out the EDC for a year to see how it meets the County needs. She asked
if this commits the County to keep up this revenue stream to the EDC. Desler
stated it has nothing to do with the contractual commitment with the EDC. It
doesn't modify that arrangement at all. There will be quarterly verbal and written
reports made to the County Council on the EDC progress.
Caskey- Schreiber stated there is not a lot of public awareness that the EDC
is doing this function. She thought the EDC was to do heavy marketing to
encourage grant application. She asked at what point they start measuring the
EDC's performance and deliverables.
Crawford stated he is a board member of the EDC. The program is being
marketed. The money from the program has to be spent on public facilities. The
current applicant's proposal is for a facility that the Port of Bellingham would own.
Caskey- Schreiber stated public facilities could include infrastructure.
Desler stated the new EDC president is scheduled to make a presentation to
the County Council in October. Those are good questions for the EDC president.
Finance and Administrative Services Committee, 9/23/2003, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
The EDI Board would include the Council Chair as a member. The EDI Board
recommends the changes to this ordinance.
Caskey- Schreiber asked if the EDI Board will continue if the County Council
decides to sever its relationship with the EDC. Desler stated that is correct.
Brenner asked if there are any other committees where the Executive is the
Chair, and also appoints half of the other committee members. It has the
appearance of being a stacked deck. Desler stated the Executive doesn't appoint
half the members, only a few. He would look into the issue.
Brenner referenced section 2.130.050(B) and asked if a multi -use
development that includes onsite housing would be excluded from applying. Desler
stated that language was in the original County ordinance and also in State law.
Fleetwood asked if Councilmember Brenner is suggesting that the County
Council appoint those members that the Executive is proposed to appoint.
Brenner stated there are professional organizations that could appoint
someone from their organization.
Fleetwood asked if the administration would object to a language
amendment to section 2.130.040(4), "Chair of the County Council or his /her
designee." Desler stated he would not object. The original intent was to have a
County Councilmember.
Crawford moved to amend 2.130.040(4), "Chair of the County Council or
his /her designee."
Nelson stated the Chair can do that now.
Fleetwood stated the current language does not expressly allow it. Without
that language, no one else can represent the County Council.
Nelson asked if that language amendment modifies the position of the
Council in any way.
Dana Brown - Davis, Clerk of the Council, stated it did not.
Nelson stated he preferred to leave the language as it is, or else they will
have designees everywhere. The Chair has the responsibility to hold certain
positions.
Brenner stated she didn't agree. If the Chair can't make a committee
meeting, they should allow a designee.
Finance and Administrative Services Committee, 9/23/2003, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Fleetwood stated it is difficult to conceive how this additional language would
hurt anything. It would give the Council Chair a little more flexibility in certain
situations.
Caskey- Schreiber stated she is against it. That's why they have a vice - chair.
Desler stated the intent is to have a councilmember attend. The Executive
would not mind an official designee.
Caskey- Schreiber stated the current proposed language clarifies the intent,
and the Chair represents the Council majority.
Brenner stated that if the administration's intent was to include any member
of the County Council, the language should just say that. Let the councilmembers
decide who it will be.
Fleetwood stated this is an ordinance, and to interpret it they must consider
statutory construction. The first rule of statutory construction is the plain meaning.
The plain meaning of "The Chair of the County Council" does not include the
possibility of a designee. It's clear. If they want to give the chair the discretion of
allowing a designee, they have to say that.
Motion to amend failed 1 -1 with Crawford in favor.
Caskey- Schreiber asked if the County Council has final approval of the
projects. Desler stated it does.
Caskey- Schreiber stated they can still use the funds for infrastructure, not
just for businesses that are renting or leasing space from a public entity. Desler
stated it can include infrastructure if the investment is made in property that is
ultimately owned by the public, not a private organization.
Crawford asked if they could have theoretically used these funds for the
restroom at Glacier. Desler stated they are.
Caskey- Schreiber asked if the County would own that property. Desler
stated the property is owned by the school district, which would qualify. If a
property were owned by the Port, school district, or County, it would also qualify.
Motion carried unanimously.
4. DISCUSSION AND FORMULATION OF RECOMMENDATION REGARDING
COUNTY PARTICIPATION IN WRIA 3 WATERSHED PLAN IN THE
UPPER SAMISH RIVER BASIN (AB2003 -327)
Bruce Roll, Water Resources Manager, stated he recommends having a
future meeting in the Natural Resources Committee to invite steering committee
Finance and Administrative Services Committee, 9/23/2003, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
members and have a full discussion. He and Planning and Development Services
Director Hal Hart are working on the issue of impacts to staff and resources. He
handed out the draft letter about the issues brought up at the most previous Water
Resources work session (on file).
Brenner stated she understood that Whatcom County was not a part of the
water resource inventory area (WRIA) 3 process. She doesn't want to hurry in two
weeks. Wait until Skagit County gives Whatcom County its final product, and deal
with it then. Otherwise they will duplicate efforts. Whatcom County was asked to
do this after Skagit County already decided what to do. She would still like to have
a meeting to talk about it. She's not comfortable with coming up with a position in
two weeks. Roll stated this won't play out that quickly. It isn't late in the process.
They are at a point where Whatcom County should put issues on the table.
Fleetwood stated some of the issues in the letter are framed as a question
and some aren't. Roll stated they need to spend some time working through each
of these issues and develop a set of questions for WRIA 3.
Caskey- Schreiber stated she is in favor of the recommendation to have a
discussion in the Natural Resources Committee in two weeks. It will give the public
a chance to provide input and recommendations.
Crawford stated there will be no action taken, and this will be referred to the
Natural Resources Committee.
S. REQUEST ACCEPTANCE OF PETITIONER'S SECURITY RELATING TO
THE FORMATION OF AN IRRIGATION DISTRICT (BERTRAND CREEK
WATERSHED IMPROVEMENT DISTRICT (AB2003 -226A)
Dana Brown - Davis, Clerk of the Council, stated the Council received a
petition to form the Bertrand Creek Irrigation District. As of last week, the Council
Office only received personal checks to be considered as a bond. Since that time,
the applicant has replaced the personal checks with certified checks. The Council
needs to decide whether to accept the certified checks as good and sufficient bond.
Crawford asked the reason for the need of the bond. Brown -Davis stated it
will cost approximately $7,500 to run the election. The applicant has to provide
double that amount as bond. The State law says it has to be a "good and
sufficient" bond. The State law language specifies using a "bondsman." According
to irrigation district folks, they could not get someone to make a bond.
Dave Grant, Senior Civil Deputy Prosecutor, stated this process is controlled
by State law. In case the election fails, the taxpayers of Whatcom County don't
have to foot the election bills. If it passes, once the district is formed it will pay
back the County for the election. The applicant attempted to do this in 1994, and it
failed. This is a smaller geographic area. The bond is to also pay for State
Department of Ecology (DOE) to do certain reviews. The DOE has to review this
Finance and Administrative Services Committee, 9/23/2003, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
proposal and perform an investigation of the sufficiency of the source and supply of
water for the district's purposes. The proponents have already contacted DOE, and
believe that cost will be small, if anything. The Council also has to consider
whether this other expense is covered.
(Clerk's Note: End of tape one, side A.)
Grant continued to state that the applicant initially came forward with a
promissory note. They ought to follow the letter of the State law. He informed the
applicant that a promissory note would be insufficient. The applicants came
forward with personal checks. The County bond counsel and he advised that
personal checks were also insufficient for protecting the County fisc. They
suggested certified checks, which guarantee availability of funds. He also talked
with the Auditor's Office and Treasurer's Office, which believes it is inappropriate
for the County to sit on these certified checks for several months while the election
process went through. If the County cashes the checks, the Treasurer would
deposit the money into a fund for safekeeping. At the end of the process, the
County can write a warrant for the refund. The proponents do not accept that
option, and would rather the County just sit on the checks. That would violate
County auditing regulations. The decision today is whether the petition is sufficient
and whether the bond is sufficient. He and Ms. Brown -Davis concur that the
petition is sufficient. The only open issue is the bond. His advice is to reject the
offer based on the problem with the certified checks. If the proponents can obtain
the check writer's permission to have the Treasurer hold the funds in an account,
he could recommend approval.
Nelson moved to recommend approval of the request for acceptance of the
petitioners bond.
Brenner stated that if everything goes as planned, the County would just
reimburse the money back. Good faith is good faith both ways. If they are willing
to put the money up, it should sit in a neutral place. She doesn't understand the
proponents objections. Grant stated the objections are practical. The bond counsel
said commercial bondsmen in the Seattle area would pay for the bond. There is a
cost to that. A letter of credit from a bank is also sufficient, but the applicant would
have to pay for that, also. If the certified checks were cashed, the check writer
would lose the ability to use that money for their business.
Fleetwood asked if there is a specific policy, guideline, or regulation that says
the Treasurer cannot hold onto a certified check. Grant stated it is the position of
the Treasurer's Office and Auditor's Office to not hold on to checks without
depositing them.
Fleetwood stated there is not a lot of case law that defines "good and
sufficient" bond. The primary issue is security. A certified check that is good
enough for the bond counsel is good enough for him, as long as the check is held in
a safe and secure place.
Finance and Administrative Services Committee, 9/23/2003, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson asked if there are enough votes to form the district, according to the
petition.
Henry Bierlink, Agricultural Preservation Committee, stated he is the
proponent on behalf of steering committee in Bertrand. The issue is the bond. The
proponents have met the conditions. The petition is sufficient and the bond is
sufficient. How the County handles it internally is the issue. Part of the problem
with getting a district like this passed is when certain people step forward to pay for
it. He would like that to be in the background. They want to have a broad base.
He checked with a lot of bond companies. The County bond counsel did not return
his call. He could not find any bond company, and he called many in the state.
The County bond counsel suggested certified checks, which he provided. He will
call the proponents, who believed they would not have to let that money go. He
only heard about this an hour ago. The Agricultural Preservation Committee will
cover all these costs, up to $7,500. If the election costs go over that amount, one
of these checks will be cashed.
Nelson asked if the County can legally cash those checks. Bierlink stated
they are in the County's name.
Grant stated there is an understanding that the County won't cash the
checks for four months, until after the election, if needed. If accepting the checks
with the petition by approving this request, the Council is accepting the condition to
not cash the checks. That's why he recommends rejecting the request. If the
County is offered a certified check, it needs to be able to cash it.
Brenner stated she understood that a certified check is the same as cash,
and the money is there. She asked if they could put a stop order on the check.
Brown -Davis stated they could.
Grant stated that's why he recommends denial.
Nelson withdrew his motion and moved that the committee make no
recommendation to the full Council.
Crawford moved to recommend approval, with the intent of voting no.
This is not very complicated. It is a simple fiscal policy. The County attorneys,
Auditor, and Treasurer have looked at the issue and know the State law. The
Council needs to send the signal to Mr. Bierlink to tell the investors that they need
to follow State law and County policy. The County Council has a very strong
responsibility to ensure the protection of taxpayers' dollars. The Treasurer and
Auditor both recommend that funds be in place before moving forward.
Nelson stated his motion to move forward with no recommendation takes
precedence over Councilmember Crawford's motion.
Finance and Administrative Services Committee, 9/23/2003, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion to make no recommendation to the full Council failed 1 -1 with
Nelson in favor.
Crawford restated his motion.
Motion failed unanimously.
COUNCIL "CONSENT AGENDA" ITEM
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
OF WASHINGTON DEPARTMENT OF ECOLOGY TO PREPARE THE
COASTAL ZONE MANAGEMENT SHORELINE LAND USE /RESOURCE
INVENTORY AND POLICY INTEGRATION IN THE AMOUNT OF $22,000
(AB2003 -320)
Nelson moved to recommend approval to the full Council.
Hal Hart, Planning and Development Services Director, stated this is an
ongoing project. It is an inventory of saltwater shorelines. Focusing on three
areas: Terrell Creek, Dakota Creek, and California Creek.
Caskey- Schreiber asked if the department will hire a contractor or use staff.
Hart stated the department will use a combination of sources. The department has
always used recent Huxley College graduates as interns.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DUPONT FLOORING
SYSTEMS FOR CARPET REPLACEMENT IN THE ASSESSOR,
PROSECUTOR, AND TREASURER'S OFFICES, IN THE AMOUNT OF
$113,069 (AB2003 -321)
Nelson moved to recommend approval to the full Council.
Nelson asked why they wouldn't have a timeframe for having the task
completed. He would like a deadline for having the work done.
Dewey Desler, Deputy Administrator, stated the desire of staff is to get it
done as soon as possible. The administration doesn't always have control of fully
implementing things in the courthouse, due to delays, such as with the courts. The
administration may have to work around certain conditions.
Finance and Administrative Services Committee, 9/23/2003, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Mike Russell, Facilities Manager, stated it will take 30 to 45 days to get the
carpet once it is ordered. Once they receive the carpet, it will take about three
weeks to complete installation in all three areas.
Brenner asked about the life of the existing carpets. Russell stated the new
carpets are warranteed for 18 years. The existing carpets are a lower grade carpet,
that was directly glued down with a water -based glue. There have been problems
with the carpet separating, because the County did not spend the money on the
carpet.
Desler stated the existing carpet is an inadequate commercial grade carpet.
Brenner asked for an accounting of how much of the original remodel work
has had to be redone.
Caskey- Schreiber asked if the ventilation system has been fixed. Russell
stated it has. The new carpet meets air quality standards also, and is on the State
contract for sole source carpet.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
THREE -YEAR RENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND
JEFFERSON AUDIO VISUAL SYSTEMS, INC. FOR SIX DIGITAL
COURTROOM RECORDING SYSTEMS, FOR THE TOTAL AMOUNT OF
$88,805.04 (AB2003 -322)
Dewey Desler, Deputy Administrator, stated the County Council approved
the administration's request to acquire additional recording equipment. In the
intervening period, the court recommended leasing the equipment instead of
acquiring the equipment. The administration concurs with the court. The leasing
party would cover the maintenance.
Nelson moved to recommend approval to the full Council.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE
WHATCOM CHIEF FERRY INSURANCE RENEWAL FOR POLICY YEAR
9/30/03 THROUGH 9/30/04 IN THE AMOUNT OF $35,050 (AB2003-
323)
Nelson moved to recommend approval.
Dewey Desler, Deputy Administrator, stated the administration proposes
excluding a couple of items in the request. The items to be removed are the
terrorism coverage on Council packet page 145, in the amount of $3,000, and the
Finance and Administrative Services Committee, 9/23/2003, Page 10
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
excess protection and indemnity for terrorism, in the amount of $625, for total
reduced amount of $3,625. The terrorism coverage is so restrictive that it provides
no value.
Nelson moved to amend to remove the terrorism coverage on Council
packet page 145, in the amount of $3,000, and the excess protection and
indemnity for terrorism, in the amount of $625, for total reduced amount of
$3,625.
Motion to amend carried unanimously.
Motion to approve as amended carried unanimously.
S. REQUEST AUTHORIZATION FOR CONTRACT RENEWAL FOR HEARING
EXAMINER SERVICES (AB2003 -325)
Dana Brown - Davis, Clerk of the Council, stated the only change is the ten
percent increase that Mr. Bobbink is requesting.
Nelson moved to recommend approval to the full Council.
Brenner asked why the Council would approve a ten percent increase.
Caskey- Schreiber stated Mr. Bobbink says in his letter that it makes up for
not getting any increase in eight years. Brown -Davis stated that Mr. Bobbink has
received one increase in eight years.
Brenner asked if the money covers costs for continuing education or
workshops. Brown -Davis stated it does not.
Brenner stated the increase should include workshops or training.
Nelson stated that currently the Council approves of any workshops or
training Mr. Bobbink would like to attend. If amended, the Hearing Examiner may
not attend any beneficial training.
Motion carried unanimously.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING WATER RELATED FUNDING ISSUES
(AB2003 -328)
Paula Cooper, River and Flood Division Manager, stated the funding for the
three flood sub -zones will expire at the end of this year. Previously, the funding
has been linked to the countywide flood district funding mechanism. She needs
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direction to move forward to implement a new funding mechanism. There are two
options. She provided handouts (on file) showing one funding option that better
links the fee to the benefits, based on acreage and location in or out of the flood
plain. A parcel would be considered unimproved if the improvement value is less
than $25,000. Representatives of the three flood sub -zones have reviewed the
proposal.
Nelson asked if the districts evaluated the amount collected. Cooper stated
the initial request from the districts was that the new fee generate the same
amount of money as the old. Drafting a new tax roll is a big process. The new tax
roll for the Acme /VanZandt flood sub -zone generates about $20,000 instead of
about $13,000. She still needs to work on it more.
Brenner stated staff is heading in the right direction. Give deference to
agricultural open space land. She would rather see the minimum fee per parcel
raised on everyone else to make sure they are not burdening unimproved
agricultural land, which doesn't take much money to protect. Cooper stated the
sub -zone felt strongly about the same point. Under this mechanism, she can
change the $2.00 fee per acre for unimproved land in the flood zone to $1.00 per
acre. She can also raise the minimums. Staff is developing a spreadsheet that has
everything in there. She can change the formulas.
The feedback from the sub -zone committees was that the residential and
commercial land in flood plain should not pay less. They talked about having three
ranges of assessed values with three minimum fees.
There is a lot of support among sub -zone commissioners who prefer the
assessed value based system. Staff recommends this option. She asked for
direction from the Finance Committee on which way to go.
Ron Bronsema, Lynden /Everson Flood Sub -Zone Commissioner, stated all
the commissioners of all the sub -zones reached consensus. Any unimproved open
space land doesn't cost the County any money. Agriculture is being hit with this
fee of $2.00 to $2.50 per acre. The project review subcommittee criteria for doing
repair and maintenance has unimproved agricultural land as its last priority. The
problem with the mechanism is that they are applying the fee to those who receive
the least benefit. The consensus of the three sub -zone commissioners was to
maintain the current structure with market value. Those enjoying the most
protection would pay a like fee. Some of the agricultural land with a current fee of
$20 would jump to $142. That land won't receive any more protection.
Nelson referenced the Riverberry project. Most of the projects aren't for
agricultural land. He asked if agricultural land protection would be a minimum
priority in the sub - zones. Bronsema stated the Riverberry project was not to
protect agricultural land. It was to protect the crest, so the river did not continue
into Canada.
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Cooper stated agricultural land often gets protected, but not by virtue of
itself.
Nelson asked if there should be deference given to the amount paid by
agricultural or timber open space.
(Clerk's Note: End of tape one, side B.)
Bronsema stated the only use recognized as beneficial for flooding is open
space because there are no damages.
Brenner stated she preferred the fee schedule instead of the assessment
schedule. Staff can redo this proposal. Improved land in the flood plain could pay
a much higher fee to lower the fee of unimproved land in the flood plain.
Unimproved land outside the floodplain should be lower.
Caskey- Schreiber agreed with the direction staff is going. She is also
concerned with the proposed fee to unimproved agricultural land. Residences
should pay more. Houses are what the County will fight to protect.
Cooper asked if that is broad support in concept from the Council for her to
continue working on the proposal.
Brenner stated the four councilmembers present agree with the direction.
Crawford asked if this handout is for one sub -zone. Cooper stated the
handout is just an example of certain kinds of parcels. She is trying to come up
with one mechanism to work with all three sub - zones.
Crawford asked the number of property owners and parcels they are talking
about. Cooper stated there are approximately 800 in the Acme /Van Zandt sub -
zone; 2,300 in the Lynden /Everson sub -zone, and; 5,000 in the
Sumas /Nooksack /Everson sub -zone.
Brenner stated she liked this structure for the overall countywide flood fee.
Bob Knudsen, Acme /Van Zandt Sub -Zone Commissioner, stated there is no
way that the Acme /Van Zandt sub -zone can't fund any blow out that occurs in that
area, and will have to ask for money.
Tom Westergreen, Sumas /Everson /Nooksack Sub -Zone Commissioner,
stated he got involved as a upland forestry owner. He doesn't know which way to
go. Before, when they went through this process, there was a lot of consensus.
His only concern is that they don't put the burden on the bigger businesses.
Brenner stated she doubted if the proposal would change much of the fee
that businesses pay.
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Jerry Juergens, Sumas /Everson /Nooksack Sub -Zone Commissioner, stated
the emphasis is on safety to the public. There is land like Riverberry that is set
back and the County won't do much with it. People will lose their land. It will be
difficult to convince those people to pay more taxes when they will lose their land.
Ms. Cooper is heading in the right direction.
Cooper stated she will change the numbers in the formulas to better reflect
the fairness issue of residential use versus agricultural use.
OTHER BUSINESS
Nelson thanked Mr. Desler for the memo that went out to the departments
regarding the use of the County format for submitting additional services requests.
ADJOURN
The meeting adjourned at 12:40 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Committee Chair
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